Principle of Religious Freedom

All persons have a right to religious freedom, which has its foundation in human dignity. This principle implies that competent individuals should never be forced to act in a manner contrary to their religious beliefs and that they have the right to refuse participation in any treatment or procedure that is contrary to their conscience, nor should they be restrained from acting in accordance with their own beliefs, within due limits. This principle applies equally to patients, physicians, nurses and others who work in any health care facility. [See Documents of Vatican II, Declaration on Religious Freedom, n. 2.]

When a competent patient refuses a medical or surgical procedure on the basis of religious convictions, then those treatments which otherwise might be considered proportionate means by others may legitimately be considered disproportionate means for religious reasons. In such cases, it may be appropriate to remind the patient of the risks involved in foregoing treatment. If such efforts fail, however, it would be considered a violation of this principle to coercively administer the procedure. It also would be generally inappropriate to seek a court order so as to force the patient to submit to the procedure. However, probate courts have been known to override a patient’s decision to forgo life-sustaining treatments on the basis of religious convictions when that person’s death would result in undue harm to others (e.g., dependent children).

If the patient for whom the medically necessary treatment is being refused on the grounds of religious freedom is a child or infant and his or her life is at stake, guardianship might be sought on the grounds that the parents are failing in their moral and legal obligation to provide normal care for their child. Probate courts frequently override surrogate decisions made on behalf of minors to forgo life-sustaining treatment on the basis of religious convictions. Exceptions are made in the cases of "mature minors." In the case of a child or infant, it should also be noted that the physician and hospital run the risk of legal liability if they do not provide treatment and the child or infant dies as a consequence.

Return to Key Ethical Principles

Return to For the Public - Table of Contents

Return to For Affiliates - Table of Contents